Homicide is excusable in the following cases:

A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or

B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.

History: 1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.

Limited instruction erroneous. — Instruction limiting defendant's defense of excusable homicide, by omitting homicide committed in doing a lawful act, by lawful means, and with ordinary caution, constituted reversible error. State v. Welch, 1933-NMSC-084, 37 N.M. 549, 25 P.2d 211.

Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Homicide §§ 110 to 138.

Discharge of firearm without intent to inflict injury as proximate cause of homicide resulting therefrom, 55 A.L.R. 921.

Hunting accident: criminal responsibility for injury or death resulting from, 23 A.L.R.2d 1401.

Druggist's criminal responsibility for death or injury in consequence of mistake, 55 A.L.R.2d 714.

Criminal responsibility for injury or death in operation of mechanically defective motor vehicle, 88 A.L.R.2d 1165.

Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.

Retreat: duty to retreat where assailant and assailed share the same living quarters, 26 A.L.R.3d 1296.

Improper treatment of disease, 45 A.L.R.3d 114.

Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18.

Homicide: duty to retreat where assailant and assailed share the same living quarters, 67 A.L.R.5th 637.

40 C.J.S. Homicide §§ 101 to 138.